A. No person shall, except pursuant to subdivisions 1 through 5 of § 4.1-200, sell any alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. Any person who sells, except pursuant to subdivisions 1 through 5 of § 4.1-200, any alcoholic beverage to an individual who is less than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding the provisions of § 4.1-202, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.
C. No person shall be convicted of both subsections A and B for the same sale.
Code 1950, § 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 2013, c. 562.
Structure Code of Virginia
Title 4.1 - Alcoholic Beverage and Cannabis Control
Chapter 3 - Prohibited Practices; Penalties; Procedural Matters
§ 4.1-300. Illegal manufacture and bottling; penalty
§ 4.1-301. Conspiracy to violate § 4.1-300; penalty
§ 4.1-302. Illegal sale of alcoholic beverages in general; penalty
§ 4.1-302.1. Use of alcohol vaporizing devices prohibited; penalty
§ 4.1-302.2. Sale, purchase, use of powdered or crystalline alcohol prohibited; penalty
§ 4.1-303. Purchase of alcoholic beverages from person not authorized to sell; penalty
§ 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty
§ 4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture
§ 4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty
§ 4.1-309.1. Possessing or consuming alcoholic beverage while operating a school bus; penalty
§ 4.1-310.1. Delivery of wine or beer to retail licensee
§ 4.1-311. Limitations on transporting lawfully purchased alcoholic beverages; penalty
§ 4.1-313. Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty
§ 4.1-314. Keeping, possessing, or storing still or distilling apparatus without a permit; penalty
§ 4.1-316. Keeping or drinking alcoholic beverages upon premises of club; penalty
§ 4.1-317. Maintaining common nuisances; penalties
§ 4.1-318. Violations by armed person; penalty
§ 4.1-319. Disobeying subpoena; hindering conduct of hearing; penalty
§ 4.1-320. Illegal advertising; penalty; exception
§ 4.1-321. Delivery of alcoholic beverages to prisoners in jail prohibited; penalty
§ 4.1-322. Possession or consumption of alcoholic beverages by interdicted persons; penalty
§ 4.1-323. Attempts; aiding or abetting; penalty
§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty
§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty
§ 4.1-325.01. Combined licenses for same premises
§ 4.1-325.1. Falsifying application; penalty
§ 4.1-325.2. Prohibited acts by employees of wine or beer licensees; penalty
§ 4.1-326. Sale of; purchase for resale; wine or beer from a person without a license; penalty
§ 4.1-327. Prohibiting transfer of wine or beer by licensees; penalty
§ 4.1-328. Prohibited trade practices; penalty
§ 4.1-329. Illegal advertising materials; penalty
§ 4.1-330. Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty
§ 4.1-332. Nonpayment of excise tax on beer, wine coolers, and wine; additional penalties
§ 4.1-333. Interdiction of intoxicated driver
§ 4.1-335. Enjoining nuisances
§ 4.1-336. Contraband beverages and other articles subject to forfeiture
§ 4.1-338. Confiscation proceedings; disposition of forfeited articles
§ 4.1-339. Search and seizure of conveyances or vehicles used in violation of law; arrests
§ 4.1-346. Contraband beverages
§ 4.1-348. Beverages not licensed under this subtitle
§ 4.1-349. Punishment for violations of title or regulations; bond
§ 4.1-350. Witness not excused from testifying because of self-incrimination
§ 4.1-351. Previous convictions
§ 4.1-352. Certificate of forensic scientist as evidence; requiring forensic scientist to appear
§ 4.1-353. Label on sealed container prima facie evidence of alcoholic content
§ 4.1-354. No recovery for alcoholic beverages illegally sold